UCMJ and IRR

[ford348]

What is the name of your state (only U.S. law)? MI

I was under the impression that the UCMJ only applied to servicemembers on Active Duty or Reservists/Guardmen called to Active Duty/ for EAD or drill functions. How does this relate to people in the IRR who are not on active duty and do not drill?
The UCMJ has several provisions not normally found in civilian law such as prohibitions on adultery and contempt towards superiors. Is someone in the IRR still subject to these provisions?
To round out our hypothetical the person was an officer, is in the IRR, and had a DD214 with an Honorable discharge.

Thank you.

 

[FlyingRon]

What is the name of your state (only U.S. law)? MI

I was under the impression that the UCMJ only applied to servicemembers on Active Duty or Reservists/Guardmen called to Active Duty/ for EAD or drill functions. How does this relate to people in the IRR who are not on active duty and do not drill?
The UCMJ has several provisions not normally found in civilian law such as prohibitions on adultery and contempt towards superiors. Is someone in the IRR still subject to these provisions?
To round out our hypothetical the person was an officer, is in the IRR, and had a DD214 with an Honorable discharge.

Thank you.

Once you are CALLED to duty, you are subject to the UCMJ. So if you are lawfully inactive, you are not subject to it. Once they tell you to report, even if you haven't reported, you are.

 

[OHRoadwarrior]

As stated, once called you are deemed subject to UCMJ and can be deemed AWOL. Notice I said deemed and can be. As we do not recommend people break the law, I suggest you Google "Individual Ready Reserve AWOL" and make decisions based on the information you discover.

 

[ford348]

So someone who commits adultery while on IRR, or if someone things they use contemptuous words, or even if they get a DUI or commit/convicted of a crime in civilian court, could they be recalled to Active Duty to face an Article 15 or Article 30? Again, please assume any wrongdoing was made while NOT on active duty.

 

[FlyingRon]

Not Art. 15 or 30, they can not "punish" you for crimes while lawfully inactive.
They can however proceed administratively against you and kick you out in a number of ways for activities while inactive.

 

[OHRoadwarrior]

Marine Corps headquarters statement about the IRR, stated, “The Marines served their active-duty obligation under honorable conditions and by contract they are still members of the Marine Corps IRR and must maintain standards of conduct in accordance with their oath of enlistment.”

Article 2 of the UCMJ lists those who are subject to the uniform code. They include those awaiting discharge after expiration of their terms of enlistment and retirees entitled to pay.

So it appears you can recalled to duty and prosecuted according to UCMJ. I suggest you Google "Individual Ready Reserve code of conduct", for more info.

 

[la0351]

Why would anyone be concerned with this?

When in the IRR no military law exists aside from just scary wording that is never acted upon. If you commit adultery or run a traffic light or speed or punch your wife out, no military action will be taken nor will the military be notified. You shouldn't be showing your military ID at this time to anyone anyways so nobody should know YOUR former military unless you tell them and I don't know under what circumstances you would tell them aside from name dropping thus this is a non issue. If you get called to Active service which at this point is highly unlikely then no need to pursue this topic any further. Think of it this way:

Warning of prosecution for tearing off the tag on your pillow - tag is present - will anyone care = NO

Commit crime in the IRR - scary wording in UCMJ - anyway to find out NO (unless you name drop) - action taken = NO

Therefore

No issue !

 

[OHRoadwarrior]

When in the IRR no military law exists aside from just scary wording that is never acted upon. If you commit adultery or run a traffic light or speed or punch your wife out, no military action will be taken nor will the military be notified. You shouldn't be showing your military ID at this time to anyone anyways so nobody should know YOUR former military unless you tell them and I don't know under what circumstances you would tell them aside from name dropping thus this is a non issue. If you get called to Active service which at this point is highly unlikely then no need to pursue this topic any further. Think of it this way:

Warning of prosecution for tearing off the tag on your pillow - tag is present - will anyone care = NO

Commit crime in the IRR - scary wording in UCMJ - anyway to find out NO (unless you name drop) - action taken = NO

Therefore

No issue !

Your answer is not actually 100% accurate. It omits several specific points of information regarding contact and IRR discharge status. A blanket suggestion OP violate his oath does not come without risks. If OP does the research I suggested he can determine his own course of action.

 

[umkemesic]

What is the name of your state (only U.S. law)? MI

I was under the impression that the UCMJ only applied to servicemembers on Active Duty or Reservists/Guardmen called to Active Duty/ for EAD or drill functions. How does this relate to people in the IRR who are not on active duty and do not drill?
The UCMJ has several provisions not normally found in civilian law such as prohibitions on adultery and contempt towards superiors. Is someone in the IRR still subject to these provisions?
To round out our hypothetical the person was an officer, is in the IRR, and had a DD214 with an Honorable discharge.

Thank you.

Article 2 of the UCMJ lists who is subject to the code. Only Active Duty or people recieveing Military Pay and allowences (retires - see Timothy Hennis). Reserves/Guard have their own rules, the States have most the UCMJ encoded in their laws but almost never enforce them.

I never heard of IRR court-martialed. If your commander brings you back in, off of IRR, then you may be court-martialed but not for events that occured prior to being recalled. If you are rcalled, and do not show up, then you are subject to the UCMJ.

Please note, if you are discharged from the service, but did not revieve ALL THREE: (1) DD214 (2) Final accounting of Pay (3) Out Processed then you may still technically be in Active Duty. See Steele v. Van Riper

 

[ENASNI]

Wow! I am not sure I have seen so many acronyms in a post before. My head is spinning.

 

[umkemesic]

Wow! I am not sure I have seen so many acronyms in a post before. My head is spinning.

Try reading a military regulation like AFI-36-3208, here is a snippet:

They are dropped from the rolls (DFR) of their units according to AFMAN 36-2125 (Formerly AFR 35-40). DFR is an administrative action that does not change the airman's status as a member of the Air Force. For information about how it applies to deserters, see AFI 36-2911, Desertion and Unauthorized Absence (formerly AFR 35-73). The fact that an airman was DFR as a deserter does not bar a later finding under AFI 36-2911 that the member was only absent without leave (AWOL).

 

[ENASNI]

OMG WTF... LOL. BOGO YOLO... oy.... Potus. 1984